Massachusetts Government Act

{{Use dmy dates|date=April 2022}}

{{Infobox UK legislation

|short_title =

|parliament = Parliament of Great Britain

|type = Act

|long_title = An Act for the Better Regulating the Government of the Province of the Massachusetts Bay, in New England.

|year = 1774

|statute_book_chapter = 14 Geo. 3. c. 45

|introduced_by = The Rt. Hon. Lord North, KG, MP
Prime Minister, Chancellor of the Exchequer & Leader of the House of Commons

|territorial_extent = Province of Massachusetts Bay

|royal_assent = 20 May 1774

|commencement = 1 July 1774

|repeal_date =

|amendments =

|related_legislation = Intolerable Acts

|repealing_legislation= Province of Massachusetts Bay Act 1778 (18 Geo 3 c 11)

|status = Repealed

|original_text = https://archive.org/details/statutesatlarge66britgoog/page/n442/

|legislation_history =

|use_new_UK-LEG =

}}

{{wikisource}}

The Massachusetts Government Act (14 Geo. 3. c. 45) was passed by the Parliament of Great Britain, receiving royal assent on 20 May 1774. The act effectively abrogated the 1691 charter of the Province of Massachusetts Bay and gave its royally-appointed governor wide-ranging powers. The colonists declared that it altered, by parliamentary fiat, the basic structure of colonial government, and vowed to block its implementation. The act was a major step on the road to the start of the American Revolution in 1775.

Background

The Act is one of the Intolerable Acts (also known as the Repressive Acts and the Coercive Acts), which were designed to suppress dissent and restore order in Massachusetts. In the wake of the Boston Tea Party, the British Parliament launched a legislative offensive against Massachusetts to control its errant behavior. British officials believed that their inability to control Massachusetts was partly rooted in the highly-independent nature of its local government. On May 2, 1774, Lord North, speaking as the head of the ministry, called on Parliament to adopt the Act on the grounds that the whole colony was "in a distempered state of disturbance and opposition to the laws of the mother country".{{Cite journal |last=Gruber |first=Ira D |date=1969 |title=The American Revolution as a Conspiracy: The British View |jstor=1918575 |journal=The William and Mary Quarterly |volume=26 |issue=3 |pages=360–372 |doi=10.2307/1918575 |issn=0043-5597}}

Contents

The Massachusetts Government Act abrogated the colony's charter and provided for a greater amount of royal control. Massachusetts had been unique among the colonies in its ability to elect members of its executive council. The act took away that right and instead gave the king the sole power to appoint and dismiss the council. Additionally, many civil offices that had been chosen by election were now to be appointed by the royal governor.{{sfn|Massachusetts Government Act 1774}} Town meetings were forbidden without consent of the governor. As Lord North explained to Parliament, the purpose of the act was "to take the executive power from the hands of the democratic part of government".{{cite book |last1=Christie |first1=Ian R |last2=Labaree |first2=Benjamin W |title=Empire or independence, 1760–1776 |location=New York |publisher=Norton |year=1976 |page=188 |isbn=0-393-00854-1 }}

Governor

Power was centralized in the hands of the royal governor, and historic rights to self-government were abrogated. The Act provided that local officials were no longer to be elected:

{{quote|[The] governor, to nominate and appoint... and also to remove, without the consent of the council, all judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices of the peace, and other officers...{{sfn|Massachusetts Government Act 1774|loc=s. 3}} and nominate and appoint the sheriffs without the consent of the council.{{sfn|Massachusetts Government Act 1774|loc=s. 5}} }}

Most important was the provision regarding town meetings, the key instrument of local rule:

{{quote|whereas a great abuse has been made of the power of calling such meetings, and the inhabitants have, contrary to the design of their institution, been misled to treat upon matters of the most general concern, and to pass many dangerous and unwarrantable resolves: for remedy whereof, be it enacted... no meeting shall be called... without the leave of the governor, [apart from one annual election meeting].{{sfn|Massachusetts Government Act 1774|loc=s. 7}} }}

Implementation

When Governor Thomas Gage invoked the act in October 1774 to dissolve the provincial assembly, its Patriot leaders responded by setting up an alternative government that actually controlled everything outside Boston. They argued that the new act had nullified the contract between the king and the people, who ignored Gage's order for new elections and set up the Massachusetts Provincial Congress. It acted as the province's government (later, beginning in 1776, the state's government) until the 1780 adoption of the Massachusetts State Constitution. The governor had control only in Boston, where his soldiers were based.{{sfn|Sosin|1963|p={{page needed |date=May 2025}}}}{{sfn|York|2011|p=688}}

Parliament repealed the act in 1778 as part of attempts to reach a diplomatic end to the ongoing American Revolutionary War.{{cn |date=May 2025}}

See also

References

{{Reflist|20em}}

Bibliography

{{refbegin|30em}}

  • {{cite web |url=http://avalon.law.yale.edu/18th_century/mass_gov_act.asp |title=Massachusetts Government Act; May 20, 1774 |website=The Avalon Project |date=2008 |publisher=Yale Law School |ref={{harvid|Massachusetts Government Act 1774}} }}
  • {{Cite journal |last=Sosin |first=Jack M |date=1963 |title=The Massachusetts Acts of 1774: Coercive or Preventive? |jstor=3816653 |journal=Huntington Library Quarterly |volume=26 |issue=3 |pages=235–252 |doi=10.2307/3816653 |issn=0018-7895}}
  • {{Cite journal |last=York |first=Neil L |date=2011 |title=Imperial Impotence: Treason in 1774 Massachusetts |jstor=23064102 |journal=Law and History Review |volume=29 |issue=3 |pages=657–701 |doi=10.1017/S0738248011000307 |issn=0738-2480}}

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Further reading

{{refbegin|30em}}

  • {{Cite book |last=Raphael |first=Ray |title=The First American Revolution: Before Lexington and Concord |date=2002 |publisher=The New Press |url={{google books |plainurl=y |id=F0KKQgAACAAJ }} |isbn=978-1-56584-730-9 |location=New York}}
  • {{Cite book |last=Nelson |first=William E |chapter=Terminating the Ties of Empire |url=https://academic.oup.com/book/2497/chapter/142787448 |title=Law and the Constitution on the Eve of Independence, 1735-1776 |series=The Common Law in Colonial America |date=2018 |publisher=Oxford University Press |volume=4 |pages=129–149 |doi=10.1093/oso/9780190850487.003.0009}}
  • {{Cite journal |last=Walett |first=Francis G |date=1949 |title=The Massachusetts Council, 1766-1774: The Transformation of a Conservative Institution |jstor=1916753 |journal=The William and Mary Quarterly |volume=6 |issue=4 |pages=605–627 |doi=10.2307/1916753 |issn=0043-5597}}

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{{British law and the American Revolution}}

Category:Legal history of Massachusetts

Category:1774 in the Province of Massachusetts Bay

Category:Massachusetts in the American Revolution

Category:Laws leading to the American Revolution

Category:Great Britain Acts of Parliament 1774

Category:Pre-statehood history of Massachusetts

Category:Frederick North, Lord North